Bill Text: CA AB2763 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Transportation network companies: personal vehicles.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-28 - Chaptered by Secretary of State - Chapter 766, Statutes of 2016. [AB2763 Detail]

Download: California-2015-AB2763-Amended.html

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BILL NUMBER: AB 2763	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 18, 2016

INTRODUCED BY   Assembly Member Gatto

                        FEBRUARY 19, 2016

   An act to amend Section  1001   5431  of
the Public Utilities Code, relating to  public utilities.
  transport   ation. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2763, as amended, Gatto.  Public utilities:
certificates of public convenience and necessity.  
Transportation network companies: personal vehicles.  
   The Passenger Charter-party Carriers' Act provides for the
regulation of charter-party carriers of passengers by the Public
Utilities Commission and includes specific requirements for liability
insurance coverage for transportation network companies, which are
defined as certain organizations that, using an online-enabled
application or platform, connect passengers with drivers using a
personal vehicle.  
   This bill would define a personal vehicle as a vehicle that is
used by a participating driver to provide prearranged transportation
services for compensation, is owned, leased, rented, or otherwise
authorized for use for any period of time by the participating
driver, meets all inspection and other safety requirements imposed by
the commission, and is not a taxicab or a limousine.  
   The Public Utilities Act empowers the Public Utilities Commission
with regulatory authority over public utilities, including gas
corporations, as defined. The act defines "gas plant" for purposes of
the act, unless the context requires otherwise, to include all real
estate, fixtures, and personal property, owned, controlled, operated,
or managed in connection with or to facilitate the production,
generation, transmission, delivery, underground storage, or
furnishing of gas, natural or manufactured, except propane, for
light, heat, or power.  
   The Public Utilities Act prohibits any gas corporation from
beginning the construction of, among other things, a line, plant, or
system, or of any extension thereof, without having first obtained
from the commission a certificate that the present or future public
convenience and necessity require or will require that construction.
 
   This bill would explicitly include language in the provisions
specific to the issuance of these certificates reiterating that the
definition of gas plant, described above, applies to those
provisions. This bill would make other nonsubstantive changes.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 5431 of the   Public
Utilities Code   is amended to read:  
   5431.  (a) As used in this article, a "transportation network
company" is 
    5431.    For purposes of this article, the following
terms have the following meanings:  
   (a) "Participating driver" or "driver" means any person who uses a
vehicle in connection with a transportation network company's
online-enabled application or platform to connect with passengers.
 
   (b) "Personal vehicle" means a vehicle that is used by a
participating driver to provide prearranged transportation services
for compensation, is owned, leased, rented, or otherwise authorized
for use for any period of time by the participating driver, meets all
inspection and other safety requirements imposed by the commission,
and is not a taxicab or limousine. 
    (c)     "Transportation network company"
means  an organization, including, but not limited to, a
corporation, limited liability company, partnership, sole proprietor,
or any other entity, operating in California that provides
prearranged transportation services for compensation using an
online-enabled application or platform to connect passengers with
drivers using a personal vehicle. 
   (b) As used in this article, "participating driver" or "driver" is
any person who uses a vehicle in connection with a transportation
network company's online-enabled application or platform to connect
with passengers.  
   (c) As used in this article, "transportation 
    (d)     "Transportation  network
company insurance"  is   means  a liability
insurance policy that specifically covers liabilities arising from a
driver's use of a vehicle in connection with a transportation
network company's online-enabled application or platform. 
  SECTION 1.    Section 1001 of the Public Utilities
Code is amended to read:
   1001.  (a) No railroad corporation whose railroad is operated
primarily by electric energy, street railroad corporation, gas
corporation, electrical corporation, telegraph corporation, telephone
corporation, water corporation, or sewer system corporation shall
begin the construction of a street railroad, or of a line, plant, or
system, or of any extension thereof, without having first obtained
from the commission a certificate that the present or future public
convenience and necessity require or will require the construction.
   (b) This article shall not be construed to require any such
corporation to secure such a certificate for an extension within any
city or city and county within which it has previously lawfully
commenced operations, or for an extension into territory either
within or without a city or city and county contiguous to its street
railroad, or line, plant, or system, and not previously served by a
public utility of like character, or for an extension within or to
territory already served by it, necessary in the ordinary course of
its business.
   (c) If any public utility, in constructing or extending its line,
plant, or system, interferes or is about to interfere with the
operation of the line, plant, or system of any other public utility
or of the water system of a public agency, already constructed, the
commission, on complaint of the public utility or public agency
claiming to be injuriously affected, may, after hearing, make such
order and prescribe such terms and conditions for the location of the
lines, plants, or systems affected as to it may seem just and
reasonable.
   (d) For purposes of this article, "gas plant" shall have the same
meaning as specified in Section 221.